The claimant or purchaser of such property shall, after such bond is so returned, be barred from any action against the officer levying thereon, provided the security therein be good at the time of taking it.
§ 8.01-369.Effect of such bond.
Chapter 12. Interpleader; Claims of Third Parties to Property Distrained or Levied On, · Article 2. Claims of Third Parties to Property Distrained or Levied On · Last amended 1977 · Last verified July 16, 2026
In one sentenceShields the levying officer from any lawsuit by the claimant or a purchaser of the property once the indemnifying bond has been properly returned to the clerk’s office, as long as the bond’s security was good when it was taken.
Full Text of § 8.01-369
Plain-English Summary
Once an indemnifying bond has made its way back to the clerk’s office, the officer who levied the property gets real protection from it. This section bars any claimant or purchaser of the property from suing that officer over the levy, as long as the bond’s security was good at the time it was taken.
The protection is not automatic regardless of circumstances — it depends on the bond being adequate when posted. But once that condition is met and the bond has been returned as required under § 8.01-368, the officer stands clear of liability to the claimant or purchaser, leaving any remaining dispute to run its course against the bond itself rather than the person who carried out the levy.
Frequently Asked Questions
What protection does the officer get once the indemnifying bond is returned?
The claimant or purchaser of the property is barred from any action against the officer levying on it.
Is this protection automatic no matter the quality of the bond?
No, it applies only provided the security in the bond was good at the time of taking it.
Who benefits from the bar on suits under this section?
The officer who levied on the property.
Does this bar the claimant from every remedy, or only from suing the officer?
Only from suing the officer; the section does not address the claimant’s rights against others, such as the bond’s obligors.
What must happen first for this bar to take effect?
The indemnifying bond must have been returned as described in § 8.01-368.
Amendment History
Code 1950, § 8-231; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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